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90_HB3883
720 ILCS 5/24-9 new
720 ILCS 5/24-9.1 new
Amends the Criminal Code of 1961. Creates the offense of
unlawful storage of a firearm. Prohibits a person from
keeping a loaded firearm within any premises or vehicle that
is under his or her control and he or she knows or reasonably
should know that a child under 18 is likely to be able to
gain access to the firearm without the lawful permission of
the child's parent, legal guardian or other person having
custody of the child, and the child gains access to the
firearm and possesses, uses, or exhibits it either in a
public place or in a negligent, suicidal, threatening, or
assaultive manner. Establishes various affirmative defenses.
Penalty is a Class B misdemeanor for a first offense and a
Class A misdemeanor for a second or subsequent offense.
Requires the commercial seller of firearms to deliver a
written warning to the purchaser that it is unlawful and
punishable by imprisonment and fine, for a person to store or
leave a firearm in a place within the reach or easy access of
a minor under 18 years of age.
LRB9012066RCks
LRB9012066RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Sections 24-9 and 24-9.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Sections 24-9 and 24-9.1 as follows:
7 (720 ILCS 5/24-9 new)
8 Sec. 24-9. Unlawful storage of a firearm.
9 (a) Definitions.
10 (1) "Locking device" means a device attached to a
11 firearm other than the safety that temporarily prevents
12 the firearm from functioning.
13 (2) "Loaded firearm" means a firearm in which there
14 is an unexpended cartridge or shell, consisting of a case
15 that holds a charge of powder or a bullet or shot, in or
16 attached in any manner to the firearm, including, but not
17 limited to, in the firing chamber, magazine or clip
18 thereof attached to the firearm; except that a
19 muzzle-loader firearm shall be deemed loaded when it is
20 capped or pinned and has a powder charge and ball or shot
21 in the barrel or cylinder.
22 (3) "Child" means a person under the age of 18.
23 (4) "Locked container" means a secure container
24 that is fully enclosed and locked by a padlock, key lock,
25 combination lock or similar locking device. The term
26 "locked container" does not include the utility or glove
27 compartment of a vehicle.
28 (b) A person commits the offense of unlawful storage of
29 a firearm if he or she keeps any loaded firearm within any
30 premises or vehicle that is under his or her custody or
31 control and he or she knows or reasonably should know that a
-2- LRB9012066RCks
1 child is likely to be able to gain access to the firearm
2 without the lawful permission of the child's parent, legal
3 guardian, or other person having custody of the child, and
4 the child gains access to the firearm and possesses, uses, or
5 exhibits the firearm either in a public place or in a
6 negligent, suicidal, threatening, or assaultive manner.
7 (c) It is an affirmative defense to a charge brought
8 under subsection (b) of this Section that:
9 (1) The child obtained the firearm as a result of
10 the illegal entry to the premises or vehicle by any
11 person;
12 (2) The firearm was kept in a locked container or
13 in a location which a reasonable person would believe to
14 be secure.
15 (3) The firearm was carried on the person or within
16 such close proximity to the person that the person could
17 have readily retrieved and used the firearm as if it had
18 been carried on his or her person;
19 (4) The firearm was equipped with a locking device;
20 (5) The person was a police officer or member of
21 the armed forces or National Guard and the child obtained
22 the firearm during, or incidental to, the performance of
23 the person's duties;
24 (6) The child obtained, or obtained and discharged,
25 the firearm in a lawful act of self defense or defense of
26 another person; or
27 (7) The person who kept the loaded firearm had no
28 reasonable expectation, based on objective facts and
29 circumstances, that a child would have been likely to be
30 present on the premises or in or on the vehicle.
31 (d) Unlawful storage of a firearm is a Class B
32 misdemeanor for a first violation and Class A misdemeanor for
33 a second or subsequent violation.
-3- LRB9012066RCks
1 (720 ILCS 5/24-9.1 new)
2 Sec. 24-9.1. Transfer or sale of firearms and firearm
3 ammunition; required warnings; penalties.
4 (a) Upon the retail commercial sale or retail transfer of
5 any firearm or firearm ammunition, the seller or transferor
6 shall deliver a written warning to the purchaser or
7 transferee, which warning shall state, in block letters not
8 less than one-fourth inch in height:
9 "IT IS UNLAWFUL, AND PUNISHABLE
10 BY IMPRISONMENT AND FINE, FOR ANY
11 PERSON TO STORE OR LEAVE A FIREARM
12 IN ANY PLACE WITHIN THE REACH
13 OR EASY ACCESS OF A MINOR UNDER
14 18 YEARS OF AGE"
15 (b) Any retail or wholesale seller of firearms or
16 firearm ammunition must conspicuously post at each purchase
17 counter where such firearms are sold the following warning in
18 block letters not less than one inch in height:
19 "IT IS UNLAWFUL TO STORE OR
20 LEAVE A FIREARM IN ANY PLACE
21 WITHIN THE REACH OR EASY ACCESS
22 OF A MINOR UNDER 18 YEARS OF AGE"
23 (c) Any person or business knowingly violating a
24 requirement to provide warning under this Section commits a
25 petty offense for which a fine not exceeding $500 shall be
26 imposed.